Chris Carter, who was left fuming when he was told he couldn't smoke in his own business premises, last week staged a one-man protest at the headquarters of North Down Borough Council.

And he became the first person to be fined by the council since the smoking ban was introduced in April.

But he says he WON'T pay the £50 fine and will instead use the case to launch a legal challenge to the legislation.

Said Mr Carter: "I am confident a judge will find this legislation must be rewritten when I present my evidence.

"I have done my homework over the past five months since this ban came into effect. In my view this law is not correct and must be amended."

Mr Carter believes the legislation should allow employers to set aside dedicated smoking areas.